Gee v. Swain
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. This was an action to recover of the defendant for labor performed and material furnished for him by the plaintiff, in making a fill on lot 6, block 45, in the 3d Ward of the city of Milwaukee, and on the street and sidewalk in front thereof, for which the complaint alleges the defendant agreed to pay the plaintiff thirty cents per cubic yard, amounting to $421.80, to be paid when the work was completed, which was on the…
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APPEAL from the Circuit Court for Milwaukee County. This was an action to recover of the defendant for labor performed and material furnished for him by the plaintiff, in making a fill on lot 6, block 45, in the 3d Ward of the city of Milwaukee, and on the street and sidewalk in front thereof, for which the complaint alleges the defendant agreed to pay the plaintiff thirty cents per cubic yard, amounting to $421.80, to be paid when the work was completed, which was on the 30th of March, 1859. The answer was a general denial. On the trial it appeared that the plaintiff had entered into a…
1Opinion of the Court
By the Court,
Paine, J.
The appellant objects that there was a variance between the contract sworn to by the plaintiff and that stated in the complaint, inasmuch as the latter states only an indebtedness for the work on the agreement to pay thirty cents per yard, while the plaintiff swore that he was also to deliver the commissioners’ certificates before 'he was to be entitled to his pay. He testified that he did deliver them or tender them both to the defendant, and they were produced and cancelled on the trial. Ho objection appears to have been made to his testimony on account of the…
2Cited by1 opinion
- Matthews v. Town of BarabooWisconsin Supreme Court · 1876